The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-04-19
INJUNCTION
Prayed for Against Minister Ah0IO-
A Land TRANSACTIONS Ventilated

In the Supreme Court yesterday pc
tition was filed for an injunction by w.
o. Smith, L. A. Thurston, w. A. Kin
ney and NJ. de Gouveia against L.
Aholo, Minister of the Interior.
The petition states that on the I'd day
of August. 1886, one w. NJ. Gibson,
then acting as Minister of the Interior
of the Hawaiian Kingdom, illegally,
secretly and fraudulently, and without
advertisement as required by law, exc
cuted an illegal and fraudulent instru-
ment, purporting to be a lease to His
Majesty Kalakaua, certain lands belong
ing to the Hawaiian Government, stu
ate in the district of Kona, Hawaii,
viz, of the lands of Kekio 2, Manini-
owa, Mahaiula, Kaulana, Awalua, Pun
kala, Makaula, Kalaoa l, 2, 3, and B,
Kealakehe and Kahanaiki, containing
an area of about thirteen thousand acres.
That the rent received in said lease is
only 800 per annum, which Is wholly
inadequate and insufficient rent for
said lands. That the term of said lease
is twenty years. That the said lands
are, and at the time of making said
lease were worth not less than So, 900.
That said lease is on file in the Interior
Office. That your petitioners are in
formed and believe, and upon such in
formation and belief aver that His Maj
esty Kalakaua has offered or caused to
be offered to L. AholO, now Minister OF
Interior for the Hawaiian Kingdom, the
sum of $500 for the purchase of all said
lands as a whole That said L. Aholo
has, in pursuance of said offer, caused
the lands included and enumerated in
said lease to be advertised in the Gov
eminent "Gazette' for sale, and intends
to sell the same upon the 25th day OF
April, 1887, at an upset price of $500 for
the said lands as a whole. That said L.
Aholo we'll knows that said lease was
executed secretly, illegally and fraudu
lently, as aforesaid. That said lands are
separate and distinct one from another.
That portions of said lands are suitable
for settlement under the "Homestead
Act" That by reason of said condition
imposed by the said l.. Aholo upon said
proposed sale, making the same subject
to said Illegal and fraudulent lease, His
Majesty Kalakaua and those acting for
him and in his interests, will be i'm
properly and wrOngfully placed in po-
sition much more favorable for the pur-
pose of purchasing said lands than other
intending purchasers, and intending
bidders and purchasers will, by reason
thereof, be and are prevented from hold
ing for or buying said lands, and that
the same will therefore be sold for much
less than their real value, thereby caus-
ing great and irreparable injury and loss
to the public and to your petitioners as
citizens and taxpayers. Wherefore your
petitioners pray that the said L. Aholo
may be summoned to appear and answer
this bill of complaint, and that an in
junction may forthwith issue from this
Court enjoining and restraining the said
L. Aholo from selling or disposing of
said lands or either OF them, subject to
said lease and in the manner set forth in
said advertisement as aforesaid, until
the further order of this Court and that
after full hearing such injunction may
be made perpetual.
Mr.. Justice Preston has appointed
Thursday, April Dist, at 10 o'clock a.
M, as the time for the petition to be
heard and for the defendant to show
cause why the injunction therein
PRAYED should not issue